Villines v. Nye County Sheriff Department

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 WAYNE JEFFERY VILLINES, Case No.: 2:20-cv-00099-APG-BNW

4 Plaintiff Order Accepting Report and Recommendation 5 v. [ECF No. 7] 6 NYE COUNTY SHERIFF DEPARTMENT, et al., 7 Defendants 8

9 On July 20, 2021, Magistrate Judge Weksler recommended that I dismiss with prejudice 10 plaintiff Wayne Villines’ claims under the Fifth and Sixth Amendment and his Fourth 11 Amendment false arrest claim. ECF No. 7. She also recommended that I dismiss Villines’ 12 remaining claims without prejudice. Villines did not object. Thus, I am not obligated to conduct 13 a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring district 14 courts to “make a de novo determination of those portions of the report or specified proposed 15 findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 16 Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings and 17 recommendations de novo if objection is made, but not otherwise” (emphasis in original)). Thus, 18 I am not obligated to conduct a de novo review of the report and recommendation. 28 U.S.C. 19 § 636(b)(1) (requiring district courts to “make a de novo determination of those portions of the 20 report or specified proposed findings to which objection is made”); United States v. Reyna- 21 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the 22 magistrate judge’s findings and recommendations de novo if objection is made, but not 23 otherwise” (emphasis in original)). ] I THEREFORE ORDER that Magistrate Judge Weksler’s report and recommendation 2|| (ECF No. 7) is accepted. Plaintiff Wayne Villines’ claims for violation of his right to counsel 3] under the Fifth and Sixth Amendments and for false arrest under the Fourth Amendment are dismissed with prejudice. His remaining claims are dismissed without prejudice. 5 I] FURTHER ORDER that plaintiff Wayne Villines may file an amended complaint by 6]] October 13, 2021. Failure to file an amended complaint by that date will result in dismissal of all 7\|remaining claims without prejudice. 8 DATED this 13th day of September, 2021. 9 (IER ANDREWP.GORDON SS UNITED STATES DISTRICT JUDGE

12 13 14 15 16 17 18 19 20 21 22 23